Practical brief for Florida commercial litigators, plaintiffs’ counsel and the paralegals who scope new matters.
Winning a judgment and collecting it are two different projects. Before a client spends money on a complaint, discovery and trial, it helps to know whether the defendant owns anything a Florida judgment can reach. A pre-suit asset search answers that question with public records and lawful research, so the client can decide whether to sue, settle early or walk away.
This guide covers what the search looks at, where the legal limits are, and how exemptions can turn an apparently wealthy defendant into a hard collection.
Deciding whether a defendant is worth suing?
Call (321) 340-3280 to talk it through with a licensed investigator. We discuss scope and rates by phone and can usually start quickly. Prefer to write? Use our case request form.
Why collectibility belongs in the intake conversation
Pre-judgment remedies in Florida are narrow. Prejudgment attachment and garnishment require court involvement and a bond, and most plaintiffs will not qualify. That means the facts about a defendant’s assets usually come from research before suit, then from discovery and post-judgment tools later. A short search at intake lets counsel give the client a realistic picture of the recovery, not just the merits.
What a pre-suit asset search looks at
Real property
County official records and property appraiser data show deeds, mortgages, satisfactions and recent transfers. We note homestead filings and how property is titled, because ownership with a spouse as tenants by the entireties is generally out of reach of a creditor of only one spouse.
Business interests
Florida Division of Corporations (Sunbiz) filings show the defendant’s roles as officer, manager, member or registered agent, plus annual reports and address changes. Linking those filings often reveals operating companies and holding entities that hold the real value.
Liens, judgments and other litigation
Existing judgments, tax liens, lis pendens, UCC financing statements and bankruptcy filings show who else is ahead in line. A defendant with several unpaid judgments is a different collection prospect than one with none.
Titled property and licenses
Vessel registrations, federal vessel documentation, the FAA aircraft registry and professional or business licenses can point to assets and income. Motor vehicle record information is governed by the federal Driver’s Privacy Protection Act and is used only for a permissible purpose, such as investigation in anticipation of litigation.
Business activity
Websites, public social media, public contracts and field observation of an operating business can show whether the defendant is generating revenue, and who might owe it money later.
What a pre-suit search cannot do
- No bank balances. The Gramm-Leach-Bliley Act prohibits obtaining customer financial information from a bank by pretexting. We do not sell or obtain account numbers or balances. Banking relationships sometimes surface through UCC filings, mortgages and entity records, and counsel pursues the details through the court later.
- No consumer credit reports for litigation. The Fair Credit Reporting Act limits when a consumer report may be obtained, and sizing up a lawsuit is generally not one of those purposes. Our research relies on public records and lawful data sources.
- No guarantees. Records show what is titled and filed. Cash, crypto and property held through other people may not appear, and the report says so plainly.
Exemptions can change the answer
Florida protects a great deal from creditors. The constitutional homestead exemption (Article X, Section 4), the head-of-family wage exemption in section 222.11, and the exemptions in Chapter 222 for many retirement accounts and annuities can leave a defendant with substantial wealth and little that is collectible. We flag likely exempt assets so counsel can weigh them, while the legal analysis stays with counsel.
Red flags worth noting before you file
- Recent deeds from the defendant to a spouse, relative, trust or new LLC.
- A new entity at the same address or with the same managers as an entity that is winding down.
- Assets titled to others but used by the defendant.
- Several recent judgments or liens from other creditors.
Transfers like these may matter later under Florida’s Uniform Fraudulent Transfer Act. Our guide to fraudulent transfers under Chapter 726 explains how they are documented.
How the report is organized
We group findings by asset type, with the source for each item so counsel can obtain certified copies later: real property and how it is titled, entities and roles, titled property, liens and judgments against the defendant, signs of business revenue, and likely exempt assets. The report ends with a short collectibility summary in plain language. Sometimes that summary says the defendant has little that is reachable today, which is worth knowing before the filing fee.
If you already hold a judgment, the work shifts to enforcement. See our post-judgment asset search guide and our asset searches service page.
Working with MAYN Investigations
MAYN Investigations is a Florida private investigation agency licensed under Chapter 493 (agency license A3400126), working statewide for law firms and businesses. A pre-suit assignment starts with a call to confirm the defendant’s identifiers, known businesses and counties, then moves through records research, entity analysis and, where useful, field verification of an operating business. We support business litigation and public records research for firms in Orlando, Tampa, Jacksonville and across Florida.
FAQ: asset searches before filing suit
Is a pre-suit asset search legal in Florida?
Yes, when it relies on public records and lawful sources and respects federal privacy laws such as the Gramm-Leach-Bliley Act and the Driver’s Privacy Protection Act. We do not pretext banks or obtain protected financial records.
How long does it take?
Scope drives timing. A records-focused search on an individual or a single entity is usually faster than a multi-entity, multi-state search. We give a time estimate when we scope the matter by phone.
Can you search a business defendant?
Yes. For an entity we look at its filings, principals, related companies, property, liens, UCC filings, litigation history and signs of ongoing operations.
What do you need from us?
The defendant’s full name or entity name, any known date of birth or identifiers, last known addresses, known businesses and the counties involved. A copy of the demand letter or draft complaint helps us focus.
Will the defendant know we searched?
Records research does not notify the subject. Any field work is discreet and lawful, and we discuss it with counsel before it happens.
Talk to an investigator before you file
Call (321) 340-3280 with the defendant, the county and your timeline. We will tell you what a search can realistically show, what it costs and how fast we can start. Rates are discussed by phone. You can also send a case request and we will get back to you.
MAYN Investigations is a licensed and insured Florida private investigation agency working statewide for law firms and businesses. Follow us on Instagram at @mayninvestigations for short briefs on Florida investigations, and browse more investigation insights for attorneys.
This article is general information for attorneys and legal professionals. It is not legal advice, and decisions about discovery, admissibility and compliance belong to counsel.
